Archived decisions

Hampshire County Council

Regulatory Committee

18 October 2006

Applicant: Ace Liftaway

Application 1: retrospective planning permission for the temporary storage of inert screen materials, concrete, crushed rubble, grit, timber and clean concrete, crushing of concrete (28 days) and sorting of lightweight materials and processing and storage of wood, portaloos and skips, at land to the north-east of the existing waste transfer and recycling centre, Yokesford Hill Industrial Estate (06/02323/CMAS).

Application 2: retrospective planning permission for temporary overnight storage of skips and vehicles, temporary storage of astro-turf and storage of portaloos in Building 2 at the Waste Centre, Yokesford Hill Industrial Estate, Yokesford Hill, Romsey (06/022326/CMAS)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 10

Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 This report deals with two retrospective applications for temporary uses of land and buildings for a period of two years from the date of any permission that may be granted within, and to the north of, the existing Yokesford Hill Industrial Estate.

1.2 Application 1 is a departure from the development plan and seeks temporary planning permission for the storage of inert screen materials, concrete, crushed rubble, grit, timber and clean concrete, crushing of concrete (28 days) and sorting of lightweight materials and processing and storage of wood, portaloos and skips, at land to the north-east of the existing waste transfer and recycling centre, Yokesford Hill Industrial Estate (06/02323/CMAS).

1.3 Application 2 seeks temporary planning permission for overnight storage of skips and vehicles, temporary storage of astro-turf and storage of portaloos in Building 2 at the Waste Centre, Yokesford Hill Industrial Estate, Yokesford Hill, Romsey (06/022326/CMAS).

1.4 The recommendation is to grant temporary planning permission for both applications subject to conditions.

2. Site

2.1 Yokesford Hill Industrial Estate, as shown on the attached plan, comprises the applicant's existing permitted waste transfer building and associated offices and facilities within Building 1 on the estate, as well as the uses on land subject of these two current applications. It also includes other businesses, notably Romsey Crane Hire, a ready-mix concrete business, and Test Valley Borough Council's depot.

2.2 Access to the Yokesford Hill industrial estate is via a long haul route from the public highway known as Yokesford Hill. Due south-east is another industrial estate known as Belbins/Wynford Farm.

2.3 Land due north-east of the industrial estate is the subject of a planning permission for infilling and restoration to agriculture. It has been partially infilled. It is designated as countryside in the local plan. Further north and to the west the land is designated countryside in agricultural and amenity use.

2.4 The nearest residential property facades to the boundary of the Yokesford Hill industrial estate are opposite the industrial site entrance on the southern side of Yokesford Hill (approximately 230 metres), at Wynford Lodge to the south (approximately 40 metres) and at Abbotswood Farm to the east (approximately 240 metres).

2.5 Yokesford Hill industrial estate is set at a significantly lower level than the adjacent land, particularly to the north and east.

      Application 1

2.6 The land subject of this application, as shown on the attached plan, extends across approximately three hectares of land due north of the existing Yokesford Hill industrial estate. The land concerned comprises an old mineral working that has been partially restored following permission being granted for land-filling and restoration in the 1990s. The land is therefore technically classed as countryside. This application is therefore theoretically a departure from the development plan.

2.7 The site is currently being used unlawfully for storage, recycling and processing of waste. The application arose following an audit of the site by the County Council's compliance officers.

      Application 2

2.8 The site subject of this application is building No. 2 within the industrial estate due north and adjacent to the existing waste transfer station.

3. The Proposals

3.1 The applicant states that these two applications are temporary applications to regularise activities on the site at present. The company has intentions to submit a permanent proposal for the site including the land subject of Application 1.

      Application 1

3.2 Retrospective planning permission is sought for the temporary storage of inert screen materials, concrete, crushed rubble, grit, timber and clean concrete, crushing of concrete (28 days) and sorting of lightweight materials and processing and storage of wood, portaloos and skips, at land to the north east of the existing waste transfer and recycling centre, Yokesford Hill Industrial Estate (06/02323/CMAS).

3.3 Lightweight materials such as cardboard, plasterboard, plastic, ferrous and non-ferrous metal and wood are being processed on a reinforced concrete apron enclosed by a reinforced concrete wall. A JCB sorts the materials where materials such as cardboard are conveyed by skip to a recycling centre for processing. The wood is either shredded by an electrical shredder or stockpiled to await this process. To the east (rear) of the concrete bay is the storage of some portaloos.

3.4 The main bulk of the application site is to the north of the concrete apron. It is already being used for storage and processing. Material comprises screened soil, grit, processed rubble, crushed rubble, concrete rubble, and wood.

3.5 The concrete rubble is crushed on-site using a mobile crusher brought on site for a minimum of 28 days per year. Other materials are sold/taken off site for use in restoration and other contracts.

3.6 Skips are being stored in the north east corner of the site.

3.7 Hours of working are the same as for the existing waste transfer station notably: 0630-1900 Mondays-Fridays and 0700-1430 Saturdays. There is no working on Sundays and bank holidays.

      Application 2

3.8 Retrospective planning permission is sought for temporary overnight storage of skips and vehicles, temporary storage of astro-turf and storage of portaloos in Building 2 at the Waste Centre, Yokesford Hill Industrial Estate, Yokesford Hill, Romsey (06/022326/CMAS).

4. Development Plan

4.1 Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) - MW2 (need for facility balanced against environmental impact of proposal).

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) - policy 46 (waste recycling, storage, transfer and other treatment or handling of waste normally permitted subject to criteria including industrial or Brownfield site); policy 53 (development permitted ancillary to waste processing/transfer within the boundary of or adjacent to the facility provided the development is required solely in connection with the operation, administration or servicing of the waste facility).

4.3 Hampshire Minerals and Waste `Core' Planning Strategy, Policy DC13, Waste Management and recycling (waste management developments will be permitted provided that the site is within an area suitable for waste management uses or re-uses/re-develops previously developed land and fulfils other criteria such as lorry route access).

5. Consultations

5.1 Local Member Councillor Woodhall has been informed of the proposal.

5.2 Local Member Councillor Perry states that as the estate is adjacent to a residential area on one side and quiet open countryside with a recreational use on the other, it is essential that everything possible is done to minimise its impact both visually and aurally. Councillor Perry considers that the current screening needs reinforcement especially to provide all year round effectiveness and other conditions need to be fully respected. Councillor Perry is opposed to any increase in time tolerance for `concrete crushing' to take place at this site.

5.3 Romsey Extra Parish Council raises no objection but would like some conditions imposed, if permission is granted, to improve the screening to the adjacent properties at Belbins.

5.4 Michelmersh Parish Council raises no objection to the proposal.

5.5 Braishfield Parish Council objects to the proposals unless the County Council imposes conditions to make them acceptable in terms of noise, dust and hours of working with a start time no earlier than 7 am.

5.6 Environmental Health Officer does not consider that noise will be a problem for applications 1 and 2. For application 1 it is suggested that a water misting system for dust suppression is extended to cover the inert materials storage area. For application 2, within the building, it is requested that if possible, an hours of working condition be placed on any consent granted to prevent unsocial hours and working at weekends/bank holidays.

5.7 Test Valley Borough Council raises no objections subject to conditions for Application 1 reflecting the existing working hours on the existing waste transfer station in Building 1 and temporary use condition time limiting it to 10 September 2008.

5.8 Environment Agency raises no objection in principle to Application 2 and no objections subject to conditions for Application 1. It adds that there is a waste management licence for Yokesford Hill waste transfer operations but it only covers a small fraction of the application site.

5.9 Highways raises no objection to the proposals.

5.10 The Airports raise no objections to the proposals.

6. Report of the Site Visit

6.1 The Committee undertook a site visit on 2 October 2006 and met representatives of Test Valley Borough Council, Romsey Parish Council, the applicant and the applicant's agent.

6.2 The Chief Planning Adviser introduced the application and outlined the key features of the two proposed retrospective applications for temporary uses of land and buildings for a period of two years within and to the north of the existing Yokesford Hill Industrial Estate. Application 1 for the storage of materials, portaloos and skips and Application 2 for the storage of skips and vehicles.

6.3 Members walked around the site and viewed the stockpiles of concrete, wood, soil, bricks and rubble which were awaiting despatch or further treatment - these had originally been for landfill but were now a useful commodity. Of the stockpiles 80% was sold to local businesses and 20% was landfill. Members also viewed the portaloo storage area, the balancing pond which pumped water back up to the tanker and was regulated by the Environment Agency and the concrete crusher working.

6.4 Although there were 152 lorry movements to and from the site each day there was no mud on the roads and a road sweeper was employed by the company to keep the entrance and road free from mud.

6.5 The Parish Council was concerned about the screening to adjacent properties, noise and dust. It was noted that the Environmental Health Officer had raised no objection to the proposal. The nearest properties were approximately 200 metres to the south, 250 metres to the east and at Wynford Farm to the south approximately 40 metres. Adequate screening was provided around the buildings.

6.6 Councillors Perry and Woodhall, the local Members were unable to attend the site visit.

6.7 Councillors Bidwell and Hibberd, the local Test Valley Borough Councillors were present, as observers.

7. Representations

7.1 Twenty-three letters of objection have been received about Applications 1 and 2 on the following grounds:

        (i) illegal use of land resulting in an increase in lorry movements and associated vibration on the highway, dust and noise, and causing potential fire and stability issues;

      (ii) need for traffic calming scheme in this location;

        (iii) noise assessment has not addressed Lorries revving engines near access due to incline on road;

        (iv) the public highway is classed as a `C' road not suitable for level of traffic which has increased from Yokesford Hill Industrial Estate;

        (v) no more industrialisation of Belbins. Traffic out of Yokesford Hill Industrial Estate includes Test Valley Refuse Collection lorries, ready-mix cement lorries, Romsey Crane Hire and other skip operators; and

        (vi) the applicant's vehicles have been running outside of their permitted hours.

8. Chief Planning Adviser's Comments

8.1 The main issues raised by the proposal are the impacts including cumulative impacts of traffic on the highway, the retrospective nature of the applications and the fact that application 1 is a departure from the development plan:

    (i) Impact on local amenity by way of noise, dust, traffic and associated vibration.

      (ii) Breaches of planning permission and unlawful use

        (iii) Cumulative impact with Wynford Farm Industrial Estate adjacent.

        (iv) Application 1 is technically a departure from the existing 1998 development

8.2 This application is technically a departure from the development plan as many years ago the land would have been classed as countryside. However it is noted that for over a decade the land has not been in agricultural use and was referred to as derelict land in past reports when permission was granted for restoration to agriculture by infilling with inert materials in the 1990s.

8.3 The use of the land was recognised by the Waste Planning Authority as being unlawful hence the submission of these applications.

8.4 Concerns and objections raised by local residents relating to traffic and the cumulative impact with other industrial estates in the area are noted but it is also noted that the Environmental Health Officer, the Highways officer and other statutory consultees have no objections to the proposal.

8.5 On balance it is considered that the sites are not causing any statutory nuisance or significant environmental impacts and uses the haul route to the public highway that services the existing industrial estate. Accordingly it is recommended that permission be granted for a temporary period of two years for both applications subject to conditions and in the knowledge that the applicant is preparing to submit a full planning application for waste uses on the site.

Recommendation

That:

1. retrospective planning permission for the temporary storage of inert screen materials, concrete, crushed rubble, grit, timber and clean concrete, crushing of concrete (28 days) and sorting of lightweight materials and processing and storage of wood, portaloos and skips, at land to the north-east of the existing waste transfer and recycling centre, Yokesford Hill Industrial Estate (06/02323/CMAS) be granted for the following reason, subject to the following conditions:

      Reason for Approval

      It is considered that the proposal whilst technically not in accordance with the development plan would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

      Conditions

      Time Limit

        (1) The waste operations hereby permitted shall cease on or before 30 September 2008 and the site shall be restored in accordance with the approved restoration scheme within a further period of six months unless otherwise agreed in wriitng by the Waste Planning Authority.

        Reason: To ensure the land is satisfactorily restored

      Hours of Working

        (2) Unless otherwise agreed in writing by the Waste Planning Authority no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0630-1900 Monday to Friday and 0700-1430 Saturday. The concrete crusher shall only operate within these working hours and for no more than a total of 28 days per year. There shall be no working on Sundays or recognised public holidays.

        Reason: In the interests of local amenity.

      Protection of Water Environment

        (3) No solid matter shall be deposited so that it passes or is likely to pass into any watercourse.

        Reason: To prevent pollution of the water environment.

        (4) All areas where waste is stored, handled or transferred shall be underlain by impervious hard-standing with dedicated drainage to foul sewer or sealed tank.

        Reason: To prevent pollution of the water environment.

        (5) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

        Reason: To prevent pollution of the water environment.

      Noise and Dust

        (6) All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturers' specification at all times, and shall be fitted with and use effective silencers.

            Reason: To minimise noise disturbance from operations at the site.

        (7) Within one month of the date of this permission a dust suppression scheme shall be submitted to the Waste Planning Authority for approval in writing and therafter implemented in accordance with this scheme.

            Reason: To minimise noise disturbance from operations at the site.

      Highways

        (8) The haul road that crosses the site linking it to the concrete floor of the industrial estate shall be adequately surfaced with hoggin and measures shall be taken to prevent mud from vehicles leaving the site being deposited on concrete apron of the industrial estate and the public highway. The measures shall be implemented as approved for the duration of the development and no lorry shall leave the site unless its wheels and chassis have been cleaned sufficiently to prevent mud being carried onto the highway.

        Reason: In the interests of highway safety.

        (9) Lorry movements to and from the site shall be restricted to ensure that the total number of lorry movements related to the waste transfer station in Building No 1, the storage uses in Building No 2 and the external waste recycling and processing area do not exceed 152 movements per day. A daily record of lorries entering and leaving the site shall be kept at the site and made available to the Waste Planning Authority on request.

            Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site.

      Storage

        (10) Stockpiles of material and skips on the site shall not exceed three metres above ground level unless otherwise agreed in writing by the Waste Planing Authority.

        Reason: In the interests of local amenity.

2. retrospective planning permission for temporary overnight storage of skips and vehicles, temporary storage of astro-turf and storage of portaloos in Building 2 at the Waste Centre, Yokesford Hill Industrial Estate, Yokesford Hill, Romsey (06/022326/CMAS) be granted for the following reason, subject to the following conditions:

      Reason for approval

      It is considered that the proposal would be in accordance with the development plan (summary attached) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

      Conditions

      Time Limit

        (1) The storage within Building 2 hereby permitted shall cease on or before 30 September 2008 and the building shall revert to its former use within a further period of two months unless otherwise agreed in writing by the Waste Planning Authority.

            Reason: To allow time to assess the impact of the proposal on the environment.

      Hours of Working

        (2) Unless otherwise agreed in writing by the Waste Planning Authority no heavy goods vehicles shall enter or leave the site; no plant or machinery shall be operated and no deliveries taken or despatched from the site except between the following hours: 0630-1900 Monday to Friday and 0700-1430 Saturday. There shall be no working on Sundays or recognised public holidays.

        Reason: In the interests of the amnities of the area.

Highways

        (3) Lorry movements to and from the site shall be restricted to ensure that the total number of lorry movements related to the waste transfer station in Building No 1, the storage uses in Building No 2 and the external waste recycling and processing area do not exceed 152 movements per day. A daily record of lorries entering and leaving the site shall be kept at the site and made available to the Waste Planning Authority on request.

            Reason: To limit the volumes of traffic in the interests of the amenity of residents on and near the approaches to the site.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1.

Published works.

2.

Documents which disclose exempt or confidential information as defined in the Act.

TITLE

LOCATION

Retrospective planning permission for the temporary storage of inert screen materials, concrete, crushed rubble, grit, timber and clean concrete, crushing of concrete (28 days) and sorting of lightweight materials and processing and storage of wood, portaloos and skips, at land to the north-east of the existing waste transfer and recycling centre, Yokesford Hill Industrial Estate (06/02323/CMAS).

Retrospective planning permission for temporary overnight storage of skips and vehicles, temporary storage of astro-turf and storage of portaloos in Building 2 at the Waste Centre, Yokesford Hill Industrial Estate, Yokesford Hill, Romsey (06/022326/CMAS)

Environment Department

Room 130

Environment Department

Room 130

1083/JD

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

Hampshire County Structure Plan (Review) 2000

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998

Policy 46

The Waste Planning Authorities will normally permit the use of land and the erection of plant and buildings for the recycling, transfer, storage and other treatment or handling of waste (excluding waste processing facilities covered by Policy 45) provided that:

(i) the proposed site is located near to the likely source(s) of waste and/or the market(s) for the recycled or recovered materials; and

(ii) the proposed site is located close to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iii) the proposed site is located:

        (a) within an existing industrial site or on land which is permitted or allocated for industrial development; or

        (b) within an area of land in the countryside that has already been disturbed by permanent development (a brownfield site); or

        (c) at a waste disposal landfill or landraising site provided that the proposed development is connected with the waste disposal operation and is for a temporary period commensurate with the operational life of the waste disposal facility; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

(v) the proposed site is located so as to avoid unacceptable impact on landscape, nature conservation and archaeological interests; and

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety; and

    (vii) the proposed site is located and, if necessary, the proposal includes landscaping measures to ensure that the development would not cause unacceptable visual intrusion.

Policy 53

The Waste Planning Authorities will permit plant, machinery, buildings and other development ancillary to waste disposal, processing and transfer facilities within the boundary of or adjacent to the facility, provided that:

(i) the development is required solely in connection with the operation, administration or servicing of the waste facility; and

(ii) any plant, machinery, building or other structure is to be designed, constructed and landscaped so as to minimise any adverse impact on the amenities of the area and, in any case, it would not be likely to give rise to any unacceptable environmental or traffic impact or other detrimental effect; and

(iii) the size, type and nature of the development are appropriate to the scale of the waste facility for which it is required; and

(iv) any plant, machinery, building or other structure would be removed as soon as the use of the waste facility has ceased and the site would be restored to a satisfactory condition suitable for an agreed beneficial after-use.

Hampshire Minerals & Waste Development Framework Strategy

Policy DC13 - Waste Management and Recycling

Waste management developments (excluding landfill) will be permitted provided that the site:

a. Is identified as a site, or within an area suitable for waste management uses, in the Hampshire Waste Management Plan, or

b. Re-uses/redevelops previously developed land and/or redundant agricultural and forestry buildings (including their curtilages), or

c. Is within a planned area of large-scale development, or

d. Is on employment land, preferably co-located with complementary activities, and

e. Has good access to, the minerals and waste lorry route as shown on the Key Diagram, and where possible, the site enables the use of waterborne and rail freight, and

f. In the case of recovery and treatment sites, incoming waste shall be subject to pre-treatment, either on or off site to maximise the potential for recycling, and where technically possible, energy will be generated and used and the by-products, including heat, will be reused or recycled, and

g. In the case of sites providing public access, the site shall be accessible for use by disabled people.